AGLC4 Rule 11.1.2: State-State Decisions: Unreported Decisions

An unreported decision between states is cited by case name, parties and phase as under rule 11.1.1, then a bracket naming the arbitral body or tribunal, giving the case number if the decision has one and the full date, then a pinpoint. A cumbersome tribunal name may be replaced by its conventional short form.

AGLC4 page 171

Formatting

  • The case name, parties and phase are italic and follow rule 11.1.1.
  • One roman round bracket holds the name of the arbitral body or tribunal, the case number and the full date, separated by commas.
  • The tribunal is named as on the title page of the decision, or by a conventional short form where that name is cumbersome.
  • A case number is included only where the decision has one, introduced by Case No with no full stop and copied as printed.
  • The date is given in full, or as fully as the decision shows.
  • The pinpoint follows the bracket after a single space: paragraphs in square brackets where numbered, otherwise pages (rules 1.1.6 and 1.1.7).
  • Arbitrators are named only after pinpoints to separate or dissenting opinions or declarations (rule 10.2.8).

Examples

Quoted from the Guide, page 171
  1. 4
    Arctic Sunrise Arbitration (Netherlands v Russia) (Award on Merits) (Permanent Court of Arbitration, Case No 2014-02, 14 August 2015) [152].
  2. 5
    Maritime Boundary (Barbados v Trinidad and Tobago) (Award) (UNCLOS Arbitral Tribunal, 11 April 2006) [198]. [Not: … (Arbitral Tribunal Constituted Pursuant to Article 287, and in Accordance with Annex VII, of the United Nations Convention on the Law of the Sea, …]

Not

Quoted from the Guide, page 171
  • [Not: … (Arbitral Tribunal Constituted Pursuant to Article 287, and in Accordance with Annex VII, of the United Nations Convention on the Law of the Sea, …]
    a cumbersome tribunal name is replaced by its conventional short form

Forms in the rule

Quoted from the Guide, page 171
  • ‘Case No’

The elements of an unreported decision between states, as set out in the diagram

Quoted from the Guide, page 171
ElementExample
Case NameHoshinmaru
Parties’ Names(Japan v Russia)
Phase(Judgment)
Name of Arbitral Body or Tribunal(International Tribunal for the Law of the Sea,
Case NumberCase No 14,
Full Date6 August 2007)
Pinpoint[1]

See also

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Formats, examples, passages, tables and the forms marked Not are quoted from the Australian Guide to Legal Citation (4th ed, Melbourne University Law Review Association, 2018), with the page of the Guide they appear on. Titles, summaries and explanations are our own.